NO. PD-1093-08

NOEL S. HARRIS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TWELFTH COURT OF APPEALS

SMITH COUNTY

Per curiam. Keasler and Hervey, JJ., dissent.

ORDER

           The petition for discretionary review violates Rule of Appellate Procedure 68.4(i), because the petition does not contain a copy of the opinion of the court of appeals.

           The petition is struck. See Rule of Appellate Procedure 68.6.

           The petitioner may redraw the petition. The redrawn petition and copies must be filed in the COURT OF CRIMINAL APPEALS within thirty days after the date of this order.

Filed: December 10, 2008

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